Is It Fair to Deduct Salary for Leave Taken After Resignation? Seeking Advice

Hi all,

Currently, I am working in an IT company. Previously, I was working in a manufacturing company. When I got a job in the IT field, at that time, I had a leave balance of 24 days. I took leave for two days for my sister's marriage (after submitting my resignation), but my VP-HR deducted my salary for those two days. Is this correct according to the rules?

Please, seniors, please help me.

Regards,
Suresh N

Hi,

After submission of resignation, your notice period starts. During the notice period, an employee cannot take leave nor can utilize any of their previously accumulated leave. If, for any personal reason, one has to take leave during the notice period, then the salary will be deducted for those days. Therefore, your VP has deducted the 2 days that you had taken for your sister's marriage.

Ambika Kamath

Dear Ambika Kamath,

Can you kindly elaborate on whether this is as per the labor law and if this standard policy is maintained in every company? Because if an employee cannot utilize their accumulated leave, then do you mean to say all the leave that is accumulated will be forfeited during the notice period? Please clarify.

Regards,
Gururaj.

Hi Ambika ji,

In the Tamil Nadu Shops and Establishment Act, we are allowed to adjust the balance of leave against the notice period (i.e., we can utilize our leave balance). Could you please confirm if this provision is correct? Kindly clarify this for me.

Thank you.

Dear Mr. Gururaj,

I agree with Ambika. The point is, your leaves don't get forfeited; you can encash your leaves. However, if you remain absent during the notice period, it will be considered as leave without pay.

As far as my knowledge goes, there is no specific law regarding this, but this kind of clause is usually included in the appointment letter or confirmation letter.

Thanks and Regards,

Indrani Chakraborty

Dear All,

Leaves don't get forfeited; you can encash your earned leaves, but if you remain absent during the notice period, then it will be considered as leave without pay. There is no such rule in Labour Laws; only your appointment letter can specify that. If you get approval for that leave before taking it, your salary may not be deducted by your bosses. Even if you take leave, it can be adjusted against the notice period if approved by your boss beforehand. So, everything will depend on your relationship with your boss.

Thank you.

Dear All,

An employee is not barred from taking leave during the currency of his notice period. An employee has the right to avail leave; hence, the employer cannot take away such a right by declining to grant leave during the notice period of the resigning employee (Ghanshyam VS. Delhi Metro Rail Corp. 2007. LLR 490. Delhi High Court).

Mohan.

Dear All,

I am a fresh HR professional, and I want to know the process of Performance Management that is suitable for all sectors.

Naiduaj,

Please post this in the right forum, i.e., Performance Management. You can find a lot of information in the Download section. Please click on the following link: https://www.citehr.com/download-list...;amp;submit=Go

Regards,
Ramzan Sheikh

Leave during the notice period cannot be taken as a right since no leave is a right of an employee, but it is only a privilege that can be granted or refused by the competent person. Similarly, leave during the notice period may be refused, depending on industrial and personnel relations. However, leave earned by an employee can be encashed at the time of relieving from the office. For a better understanding, you have to refer to the Standing Orders of your company framed under the Industrial Employment Standing Order Act.

Madhu.T.K